Nghị định 32/2014/NĐ-CP về quản lý, khai thác và bảo trì công trình đường cao tốc

DECREE

ON THE MANAGEMENT, OPERATION AND MAINTENANCE OF EXPRESSWAY FACILITIES (*)

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the November 13, 2008 Law on Road Traffic;

At the proposal of the Minister of Transport,

The Government promulgates the Decree on management, operation and maintenance of expressway facilities.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides the management, operation and maintenance of expressway facilities, including organization of traffic on expressways, traffic operation, assurance of traffic safety, maintenance of expressway facilities, handling of incidents and accidents occurring on expressways, salvage and rescue, and responsibilities to manage and protect expressway facilities.

Article 2. Subjects of application

This Decree applies to agencies, organizations and individuals involved in the management, operation and maintenance of expressway facilities.

Article 3. Interpretation of terms

In this Decree, the terms and phrases below are construed as follows:

1. Expressway mean a road reserved exclusively for motor vehicles, with median strips separating carriageways for the two opposite directions of traffic, without at-grade intersection with any road, furnished with adequate support equipment and devices to ensure uninterrupted and safe traffic and shorten travel time, and with certain points for vehicle exits and entries.

2. Expressway facilities include expressways, offices of regional traffic management and operation centers, offices of route traffic management and operation centers, rest and service stations, toll booths, vehicle weighing stations, sign systems, traffic safety systems, water drainage systems, electric systems, traffic management and surveillance systems, information and communication systems, lighting systems, trees and other support facilities and equipment,

3. Expressway infrastructure includes expressways and their safety corridors.

4. Traffic management and surveillance system means a system of advanced equipment and science and technology applications to manage and supervise traffic on expressways which are installed in the course of construction or operation.

5. Organization of expressway traffic means measures and acts to guide and order vehicles joining traffic to comply with traffic rules set out in the Law on Road Traffic.

6. Expressway administration agency means the Directorate for Roads of Vietnam, the Ministry of Transport; specialized agencies of People’s Committees of provinces and centrally run cities.

7. Unit assigned to organize operation and maintenance of expressway facilities (below referred to as operation and maintenance unit) means the entity that directly operates and maintains expressway facilities and has its responsibilities, obligations and benefits defined in a contract with the expressway administration agency or with an investor, for projects implemented in the form of public-private partnership.

8. Regional traffic management and operation center means the agency that manages and operates traffic on expressways and roads in a given region, which is attached to the Directorate for Roads of Vietnam.

9. Route traffic management and operation center means the agency that manages and operates traffic on an expressway route or section; is attached to a unit assigned to organize operation and maintenance of expressway facilities.

10. Salvage means assisting vehicles and goods involved in accidents or incidents when joining traffic on expressways.

11. Rescue means rendering first aid or emergency medical treatment to and carrying victims of accidents or incidents on expressways to medical establishments, and assisting these victims.

Article 4. Mechanisms of management, operation and maintenance of expressway facilities

1. The State shall create conditions for all economic sectors to participate in the management, operation and maintenance of expressway facilities.

2. Investors may directly, or hire other units or organizations to, manage, operate and maintain expressway facilities.

Chapter II

MANAGEMENT AND OPERATION OF EXPRESSWAY FACILITIES

Article 5. Contents of state management of operation of expressway facilities

1. Managing and operating expressway facilities

a/ Organizing expressway traffic;

b/ Operating expressway traffic;

c/ Communicating expressway information;

d/ Patrolling and inspecting expressways;

dd/ Announcing the opening to traffic and temporary closing of expressways;

e/ Setting up toll booths on expressways;

2. Protecting expressway infrastructure.

3. Ensuring traffic safety, handling incidents, providing salvage and rescue to victims of accidents on expressways.

Article 6. Organization of expressway traffic

1. Expressway traffic shall be organized according to approved traffic organization plans. Plans on organization of expressway traffic must have contents as prescribed in Article 26 and Clause 1, Article 37 of the Law on Road Traffic.

2. The Ministry of Transport shall:

a/ Approve and adjust plans on organization of expressway traffic under its management;

b/ Approve special plans on organization of expressway traffic when disasters or specially serious accidents or incidents to expressway facilities affecting traffic safety, or national defense or security circumstances occur;

c/ Specify the order of and procedures for elaborating and approving plans on organization of expressway traffic.

3. Provincial-level People’s Committees shall approve plans on organization of traffic on expressways under their respective management after reaching agreement with the Ministry of Transport.

4. Investors shall elaborate plans on organization of traffic on expressways and submit them to the agencies specified in Clause 2 or 3 of this Article for consideration and approval.

Article 7. Regional traffic management and operation centers

1. Regional traffic management and operation centers shall supervise and direct operations of route traffic management and operation centers and operate traffic in areas under their management.

2. Regional traffic management and operation centers shall be connected with route traffic management and operation centers via traffic management and surveillance systems.

3. Regional traffic management and operation centers are revenue-generating non-business units. Their operation funds shall be allocated from the central road maintenance fund, the source of collected tolls on expressways under their management and other lawful sources as prescribed by law.

Article 8. Route traffic management and operation centers

1. Management and maintenance units shall organize, manage and operate route traffic management and operation centers under regulations of the Ministry of Transport.

2. Route traffic management and operation centers shall be supervised and directed by regional traffic management and operation centers, and shall concurrently send traffic information from their centers to regional traffic management and operation centers for management and direction.

Article 9. Expressway information

1. Expressway information includes fixed and variable information:

a/ Fixed information is provided via the road sign systems on expressways;

b/ Variable information is information which changes from time to time, including information on weather, traffic density, travel advice, estimated travel time, incidents, accidents, temporary closing, and other information relating to expressway traffic. Variable information is provided via the communication system such as internet, radio waves, information supply points and electronic information displays on expressways.

2. Operation and maintenance units shall provide information according to approved traffic organization plans.

3. Regional traffic management and operation centers shall direct operation and maintenance units to provide traffic information on the basis of special traffic organizations plans approved by competent agencies when difficult circumstances occur unexpectedly.

Article 10. Patrol and inspection on expressways

1. Traffic police shall patrol and control traffic on expressways and through traffic surveillance systems to detect and handle violations of road traffic law; coordinate with units assigned to organize operation and maintenance of expressways in detecting and stopping violations of regulations on protection of expressway facilities and safety corridors.

2. Operation and maintenance units shall conduct inspections on expressways to patrol, examine and monitor the organization of traffic, traffic accidents and conditions of expressway facilities; promptly direct breakdowns of or infringements upon expressway facilities, encroachments upon, or illegally use of, the land of expressways and their safety corridors; and handle these acts according to their competence or report them to competent authorities for handling.

3. Expressway administration agencies shall conduct inspections on expressways to examine, monitor and supervise the performance of inspection duties; handle according to their competence or coordinate in handling infringements upon expressway facilities, and encroachments and illegal use of the land of expressways and their safety corridors.

Article 11. Announcement of the opening to traffic and temporary closing of expressways

1. Expressway facilities may be put into operation or use only when they satisfy design requirements, ensure quality and meet prescribed standards, and their traffic organization plans are approved.

2. Temporary closing of expressways is the temporary closing of one direction or both directions of expressways. Temporary closing of an expressway may be applied in the following cases:

a/ One or more than one expressway facility cannot operate normally due to an incident affecting traffic safety on the expressway;

b/ A specially serious accident occurs, requiring the temporary closing of the expressway;

c/ Serving national defense or security requirements.

3. The Ministry of Transport and provincial-level People’s Committees shall announce the opening to traffic or temporary closing of expressways under their respective management.

Article 12. Toll booths on expressways

Toll booths on expressways shall collect tolls for vehicles moving on expressways, apply modem tolling technologies, and be built according to planning or investment projects approved by competent state agencies under regulations. Operations of toll booths must ensure traffic safety and uninterruptedness and avoid causing traffic jams in toll booth areas.

Article 13. Protection of expressway infrastructure

1. Protection of expressway infrastructure must comply with Article 52 of the Law on Road Traffic and guiding documents.

2. Connection of expressways with other road systems must be planned from the time of formulation of investment projects on construction of expressways, comply with planning and be approved by competent state agencies under regulations.

In case there is a change in the approved transport development master plan of a sector or locality, the supplementation of points of connection with expressways must be approved by competent state agencies under regulations and interchanges must be built. Expenses for building interchanges and other related expenses shall be borne by investors of connected routes.

Article 14. Assurance of traffic safety on expressways

1. All activities of managing and maintaining expressways facilities that restrict the normal use conditions of expressways shall be announced on means of communication to operators of vehicles joining traffic.

2. Operation and maintenance units shall arrange sufficient manpower and equipment to warn risks threatening traffic safety and protect the warned sites under current regulations on traffic safety.

3. The Ministry of Transport shall assume the prime responsibility for, and coordinate with the Ministry of Public Security in, issuing regulations on assurance of traffic safety and handling of accidents and incidents on expressways; assurance of traffic safety during the management and operation of expressway facilities; and in examining and supervising the assurance of traffic safety on expressway routes.

4. Provincial-level People’s Committees shall organize examination and supervision of the assurance of traffic safety on expressway routes under their respective management.

5. Investors and operation and maintenance units shall closely coordinate with the public security and other functional forces in the areas in organizing traffic and protecting expressway infrastructure, and handling and settling accidents and incidents.

Article 15. Processing of information relating to, and responsibility to detect and report, accidents and incidents occurring on expressways

1. Principles of processing information relating to expressways

a/ Information on accidents and incidents to vehicles and incidents to facilities on expressways shall be supplied from the sources of systems of collecting information relating to expressways; patrol and inspection on expressways; people and road users via emergency telephone systems on expressways.

b/ Upon receiving information on accidents or incidents to vehicles or incidents to facilities on expressways, operation and maintenance units shall immediately send road inspection and traffic response forces and notify it to the public security agency, salvage and rescue teams and related forces to expeditiously come to the scenes and perform tasks according to their respective functions.

2. All organizations and individuals shall, upon detecting accidents or incidents to vehicles or incidents to facilities on expressways, notify them to route traffic management and operation centers or public security agencies using emergency telephone numbers displayed on expressways.

Article 16. Rescue and salvage upon occurrence of accidents and incidents on expressways

When an accident or incident occurs, related organizations and individuals shall, in addition to complying with Article 38 of the Law on Road Traffic, comply with the following provisions:

1. The operation and maintenance unit in charge of the expressway shall immediately send its force to the scene for initial settlement, protection of the scene, provision of first aid to victims (if any), and temporary guidance on traffic; arrange its force to participate in settling the accident or incident under the command of the public security force; and carry out procedures to claim compensation for damage to expressway infrastructure assets under regulations.

2. The rescue team shall immediately come to the scene no later than 30 minutes after receiving information in order to render first aid and emergency treatment for victims; and transport victims to the nearest medical establishment.

3. The salvage team shall immediately come to the scene no later than 30 minutes after receiving information in order to salvage vehicles and goods involved in the accident out of the expressway.

4. The route traffic management and operation center shall provide information on accidents and incidents on the radio waves, electronic information displays and information supply points; coordinate with the operation and maintenance unit in guiding traffic from afar and applying measures to ensure traffic safety; and adjust traffic lanes or set speed limits on the expressway suitable to actual traffic conditions.

5. The regional traffic management and operation center shall:

a/ Direct the route traffic management and operation center and supervise the provision of information in the course of salvage and rescue;

b/ Direct other operation and maintenance units of other expressway routes in the area to support the handling of accidents or incidents, when necessary;

c/ Guide traffic on the regional expressway system according to the special traffic organization plan approved by competent agencies.

6. The public security agency shall dispatch its force to the scenes of accidents or incidents no later than 30 minutes after receiving information, and assume the prime responsibility for, and coordinate with other forces in, settling accidents or incidents within the shortest time in order to open the expressway to traffic.

7. Expenses for rescue and salvage on expressways

a/ The Ministry of Transport shall prescribe levels of expenses for salvage on expressways;

b/ The Ministry of Health shall assume the prime responsibility for, and coordinate with the Ministry of Transport in, prescribing levels of expenses for rescue on expressways;

c/ Expenses for rescue on expressways shall be included in expenses for management, operation and maintenance of expressways. Expenses for salvage activities shall be paid by vehicle operators if they cause the accidents or by the units assigned to organize operation and maintenance or by investors of expressway routes if the accidents are caused by expressway facility breakdowns or other objective reasons.

Article 17. Responsibilities of organizations and individuals upon occurrence of accidents or incidents on expressways

1. Vehicle operators and persons directly related to accidents and persons present at the scenes of accidents shall promptly provide information to functional agencies by using emergency telephone numbers prescribed in Article 38 of the Law on Road Traffic. Vehicle operators or owners shall pay compensations for damage to expressway infrastructure facilities due to accidents or incidents caused by them.

2. Operation and maintenance units shall determine the damage value; clear up scenes after the public security and other functional forces make scene records and permit such clearance; and shall repair and restore expressway facilities which are damaged due to accidents or incidents.

Chapter III

MAINTENANCE OF EXPRESSWAY FACILITIES

Article 18. Maintenance of expressway facilities

1. Maintenance of expressway facilities shall be conducted according to technical standards on facility maintenance or maintenance processes approved by investors under regulations on maintenance of construction works to ensure the utilities of facilities and traffic safety during operation.

2. The Ministry of Transport and provincial-level People’s Committees shall select units and organizations to maintain expressway facilities with regard to expressway routes built with state budget funds under their respective management.

3. Investors shall organize the maintenance of expressway facilities built under investment projects in the form of public-private partnership and franchised projects under regulations of the Ministry of Transport.

4. The operation and maintenance of expressway facilities shall be performed under separate contracts or as part of work under contracts on construction, operation and maintenance of expressway facilities.

5. The Ministry of Transport and provincial-level People’s Committees shall examine and supervise the performance of expressway management, operation and maintenance contracts under their management.

Article 19. Expenses for the maintenance of expressway facilities

1. For expressways built with state budget funds, expressways transferred from investors upon the expiration of the operation duration and expressways built in the build-transfer (BT) form, maintenance expenses shall be paid from the source of collected tolls on the expressways (if tolls are collected) or from the road maintenance fund (if tolls are not collected).

2. For expressways for which the toll collection right has been transferred to organizations or individuals, maintenance expenses shall be paid with the proceeds from the sale of the toll collection right (if the transfer price includes maintenance expenses) or from the road maintenance fund, if the contract on transfer of the toll collection right stipulates that the State shall perform maintenance work.

3. For expressways built, managed and maintained with investors’ funds in the form of public- private partnership (other than BT form), maintenance expenses shall be paid by investors.

Chapter IV

RESPONSIBILITIES FOR MANAGEMENT, OPERATION AND MAINTENANCE OF EXPRESSWAY FACILITIES

Article 20. Responsibilities for management, operation and maintenance of expressway facilities

1. The Ministry of Transport shall:

a/ Perform the state management of expressways;

b/ Assume the prime responsibility for, and coordinate with functional agencies in, drafting and promulgating or submitting to competent authorities for promulgation legal documents, regulations, standards and econo-technical norms on management, operation and maintenance of expressway facilities; and organize and examine the implementation of promulgated documents;

c/ Organize the formation of the apparatus to manage, operate, maintain and protect expressway infrastructure; popularize, disseminate and educate about the law on traffic on expressways; monitor the technical conditions of expressway facilities, and carry out international cooperation on expressways;

d/ Examine and supervise the operation and maintenance of expressways; to examine and supervise the implementation of approved traffic organization plans.

2. The Ministry of Health shall assume the prime responsibility for, and coordinate with the Ministry of Transport in, promulgating regulations on medical activities, first aid and emergency treatment on expressways and the structure and organization of the apparatus for rescue activities.

3. The Ministry of Public Security shall:

a/ Assume the prime responsibility for, and coordinate with the Ministry of Transport and other related ministries and agencies in, promulgating regulations on, and organize patrol and direct traffic when dealing with accidents and handling violations of the road traffic law;

b/ Coordinate in using the data on traffic management and operation to serve the assurance of traffic order and safety and the prevention and combat of crimes on expressways.

4. The Ministry of National Defense shall assume the prime responsibility for, and coordinate with the Ministry of Transport in, promulgating the Regulation on use of expressways for national defense and security purposes.

5. Provincial-level People’s Committees shall perform the state management of the maintenance of expressways under their respective management; organize and direct the popularization and dissemination of and education about the law on traffic on expressways, the State’s laws and policies on the protection of assets and safety corridors of expressways; assume the prime responsibility for, and coordinate with the Ministry of Transport and the Ministry of Public Security in, protecting assets and safety corridors of expressways, and coordinate with the Ministry of Public Security in handling and settling accidents and incidents occurring on expressways.

Chapter V

IMPLEMENTATION PROVISIONS

Article 21. Effect

This Decree takes effect on June 10, 2014.

Article 22. Implementation provisions

1. Within the scope of their assigned tasks and powers, the Ministry of Transport and related ministries and sectors shall guide the implementation of this Decree.

2. The management, operation and maintenance of expressway facilities must comply with the law on management and protection of road infrastructure and the provisions of this Decree.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and heads of related agencies shall implement this Decree.-

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